1 2025:CGHC:37009 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5896 of 2025 Sevant Dhankar S/o Rupram Dhankar Aged About 24 Years R/o Ward No. 13, Bhardakala, P.S. Arjunda, District Balod (C.G.) ... Applicant versus State of Chhattisgarh S H O, Police Station - Arjunda, District Balod C.G. ... Respondent For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Respondent : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.07 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 29/2025, registered at Police Station – Arjunda, District - Balod (C.G.) for the offence punishable under Sections 296, 109, 3(5) and 191(2) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, is that on 12.02.2025, an altercation took place between the accused persons and the injured person, namely, Satish Sahu, along with his friends. During the incident, the accused PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.30 10:35:19 +0530 2 persons assaulted the injured and inflicted stab wounds upon him. Thereafter, the applicant has been arrested by the Police for the said offences. Hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is not named in the FIR. Moreover, in the statement of the victim/injured, namely Satish Sahu, the name of the applicant has not been mentioned. It is further stated that an accused named Kodu, who is a friend of Manish, assaulted the victim in the abdomen. It is also submitted that during the Test Identification Parade (TIP), the applicant was presented for identification, but the injured party did not identify him. Therefore, the applicant’s involvement in the present case appears to be doubtful. has no previous criminal antecedents. Further, the co-accused person, namely, Manish Dhankar has already been granted bail by this Court vide order dated 09.07.2025 passed in MCRC No. 5314/2025. He also submits that the charge-sheet has been filed in this case. The applicant is in jail since 03.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. He further submits that an altercation took place between the accused persons and the injured person, namely, Satish Sahu, along with his friends. During the incident, the accused persons assaulted the injured and inflicted stab wounds upon him, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is not named in the FIR, moreover, in the statement of the victim/injured, namely Satish Sahu, the name of the applicant has not been mentioned, further considering the fact that an accused named Kodu, who is a friend of Manish, assaulted the victim in the abdomen, furthermore, during the Test Identification Parade (TIP), the applicant was presented for identification, but the injured party did not identify the him, therefore, the applicant’s involvement in the present case appears to be doubtful, further the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case and the applicant is in jail since 03.03.2025 and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant- Sevant Dhankar, involved in Crime No. 29/2025, registered at Police Station – Arjunda, District - Balod (C.G.) for the offence punishable under Sections 296, 109, 3(5) and 191(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti